The Use Of Fictitious Orders To Obtain Taobao Loans And Turn Out The Behavior Of Qualitative

As the rapid development of electronic business,domestic online shopping ensuing upsurge,a range of credit business loans have arisen point at online shopping platform,such as Taobao loan,ants loan and so on.These credit business as a newborn thing differ in the traditional credit and all the audit loan is completed by operation of the system,with its convenient and fast features to win the most of the E-commerce participants in the party's favorite,but illegal and criminal acts on the other hand are also increasing.This text attempts to pass a Taobao loan case which leads to duty crime and theft,fraud and other crimes division,by focusing on "the distinction between the secret stealing and cheating",understanding and asserting of "the crime by using of his duty","the machine can become the object being cheated",and "illegal possession of the purpose" of understanding and identification,thus the qualitative behavior of the behavior in the case of people.The first part : it mainly issues the relevant problems of this case.This part is made up of four parts,mainly introduces the cause of case,case description,disagreements,disputes,this part is on the objective explanations of the case.The case involved the crimes of duty encroachment,theft and fraud.Through the analysis of the three different opinions of the case,we can get the bone of the contention.The second part : the legal reasoning of the related problems.This part is the key part of this article which concerns the relevant theoretical issues involved in this case.The key of "the distinction between the secret stealing and cheating","the machine can be cheated "," use the convenience of duty ","illegal possession of the purpose" of understanding and identification is introduced,and presents the viewpoint of this paper,and provides theoretical support for the analysis and conclusions of the case.The third part : the analysis and conclusion of this case.Basing on the content of the part of legal analysis to analyze the behavior of the person in the case and thus draw the conclusion.The fourth part : the inspiration of this case.This part of the main object of crime of fraud cheated against being cheatedin the legislation and judicial interpretation on the contradictions,especially in the "machine can or can not be cheated" on this issue,are difficult problems in the judicial practice.It is proposed toimprove the judicial interpretation and the relevant legislation,and make the object of the crime ofFraudclear.The net loan platform in the process of network lending problems proposed to strengthen the supervision of net loan platform.